Health Care Bill HR 3200, ‘‘America’s Affordable Health Choices Act of 2009”:  What It Says

Dr. John David Lewis                                                                                                  August 6, 2009


WILL IT RATION MEDICAL CARE?   See pages 284-288, SEC. 1151: 

 ‘(ii) EXCLUSION OF CERTAIN READMISSIONS.—For purposes of clause (i), with respect to a hospital, excess readmissions shall not include readmissions for an applicable condition for which there are fewer than a minimum number (as determined by the Secretary) of discharges for such applicable condition for the applicable period and such hospital.


 Will IT punish Americans who try to opt out? Pages 167-168, section 401: 

 ‘‘(a) TAX IMPOSED.—In the case of any individual who does not meet the requirements of subsection (d) at any time during the taxable year, there is hereby imposed a tax equal to 2.5 percent



 (A) IN GENERAL.—The cost-sharing under the essential benefits package shall be designed to provide a level of coverage that is designed to provide benefits that are actuarially equivalent to approximately 70 percent of the full actuarial value of the benefits provided under the reference benefits package . . .


Will IT destroy private health insurance? Pages 149-150, SEC. 313: 

(a) IN GENERAL.—A contribution [a tax on business, with payrolls over $400,000 per year] is made in accordance with this section with respect to an employee if such contribution is equal to an amount equal to 8 percent of  the average wages paid by the employer during the period of enrollment (determined by taking into account all employees of the employer and in such manner as the Commissioner provides, including rules providing for the appropriate aggregation of related employers). Any such contribution—

[Business that now provide health coverage will be encouraged drop the plan, enroll their employees in the government plan, and pay the 8% “contribution.”)



(d) CONSTRUCTION.—Nothing in this subtitle shall be construed as limiting the Secretary’s authority to correct for payments that are excessive or deficient . . .

(e) CONSTRUCTION.—Nothing in this subtitle shall be construed as affecting the authority of the Secretary to establish payment rates . . .

(f) LIMITATIONS ON REVIEW.—There shall be no administrative or judicial review of a payment rate or methodology established under this section or under section 224.


CAN the government SEE OUR private FINANCES? Pages 195-196, SEC. 431

‘‘(A) IN GENERAL.—The Secretary, upon written request from the Health Choices Commissioner or the head of a State-based health insurance exchange approved for operation under section 208 of the America’s Affordable Health Choices Act of 2009, shall disclose to officers and employees of the Health Choices Administration or such State-based health insurance exchange, as the case may be, return information of any taxpayer . . .

[and] ‘‘(v) such other information as is prescribed by the Secretary by regulation as might indicate whether the taxpayer is eligible for such affordability credits . . .